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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26215
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother passed away, leaving money, which the working

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My mother passed away, leaving money, which the working pensions now want to take back. She was very poorly and I looked after her and never took any money. I took her shopping, bought shopping and cared for her ofter losing days off work.. The dept of pensions has decided they paid her too much and I want to know if it is worth standing up to them. I do not have an issue with them asking for some back, but feel they should take into account my issues.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Please accept my condolences for your loss. May I ask the basis for the DWP's claim? Does it relate to payments made for periods after your mother's death or is it because they claim that payments were based on information that is not correct - i.e. the payments were made on a means tested basis and were based on incorrect information regarding your mothers financial status?

Customer: replied 1 year ago.
She had a colostomy bag and infasema. (Sorry spelt wrong) they means tested her because she needed various help and extra toiletries etc. They said even though she had about £10k in her account she was entitled. From that day on her income never changed, but as she was so poorly didn't actually spend much. As a daughter who liver next door , I did most of the caring for her, took her out, did her shopping and often lost days from work to look ater her. I never took money from her.
I understand that looking at her bank account, it did grow, and I now realise I should have taken some monies from her, as this has been over about 8 years, but do feel they should take some of this into consideration, on working out what is to be repaid to them. They want £12K which works out to about £125.00 per moth when she only got £52.00 per month from them??
Customer: replied 1 year ago.
Do I pay a further £44.00 on top of the £38.00 I just paid, I thought I was getting some free advice.

This website offers a chargeable service but you do not have to pay any more than you have already paid and the site does offer various promotional offers which you may have signed up under - customer services would have to confirm though as I don't have access to your account. If you would prefer to speak on the phone, you can pay for that service instead and I can ask for a refund of any amount you have paid for your original question. Alternatively if you prefer not to continue we can stop and you can obtain a full refund. I would be please to help if you would like to continue either on the phone or here as you prefer. Do let me know how and if you like to proceed. I look forward to hearing from you.

Customer: replied 1 year ago.
I just wanted to know if it was worth my while trying to get the sum the DWP wants reduced

I'm very happy to help with this if you are happy to continue. Thank you for the above information. Could you lastly tell me if you are the executor under your mothers will or whether your mother didnt leave a will?

Customer: replied 1 year ago.
She did leave a will and yes I am an executor together with my sister.

Many thanks. On that basis you have the legal authority to resist the DWPs demand. There is basis in the The State Pension Credit Act 2002 (SPCA 2002) for the DWP to claim back monies they caim have been overpaid however they cannot just demand whatever they want. They must comply with their code of conduct in the way in which they make a demand.

First they should give you a complete breakdown of how they have reached their decision. If you disagree with it you can ask for something called a mandatory reconsideration which you should do as soon as possible once you receive the demand you disagree with. This is a process where a separate usually senior officer will review the decision and either change it or confirm it giving reasons. There is no specific form you have to complete to appeal, you can do so just by writing to the department and asking for one and ideally you will set out the reasons you disagree with the decision and if applicable include any evidence to support your position though this is not necessary.

If you still disagree with the decision following your request for a review, you can refer the matter to a Social Security and Child Support Tribunal which you must usually do within 1 month of the date of the final decision. You can do this by completing the following form:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=3038

http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=2724

Often disputes can be settled using the DWPs internal manadatory reconsderation procedure referred to above and / or by requests for further information to explain their decision but referring to a tribunal is a right if that is not possible. If you would like to discuss any of the above steps in more detail, please do come back to me.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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